Conway told the Lexington Herald-Leader their business practices put students and taxpayers at risk because of “overaggressive” recruiters who target people who are unable to pay their students loans, but U.S. District Judge Terrence McVerry denied his request to join the case.

“This case is already over four years old and the addition of ‘consumer protection’ claims would cause further delay and prejudice to the existing parties,” McVerry said (Monday) in a written opinion.

(SNIP)

Kentucky doesn’t have a state law equivalent to the federal false claims act and intervention by the state “is not warranted under the circumstances of this matter,” McVerry said in the ruling.

The attorney general’s office is currently reviewing the opinion and considering their options, says Conway spokeswoman Shelley Johnson, adding there is a possibility of an appeal.

But the campaign for Republican Todd P’Pool, who is challenging Conway in the general election this fall, quickly pounced on the ruling.

P’Pool campaign manager David Ray says the decision is another example of Conway wasting resources and ignoring more important issues, such as joining a lawsuit against President Obama’s health care law.

“Of course, this doesn’t stop him from trying to raise money off of these stunts and tout them in his TV ads, but perhaps voters should know he can’t ‘waste valuable resources’ to fight Obamacare but he can surely waste those same valuable resources to file silly lawsuits that get thrown out of court but help him get re-elected,” he says.